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Message
From
29/10/2018 02:02:41
 
 
To
28/10/2018 22:12:52
General information
Forum:
Visual FoxPro
Category:
Forms & Form designer
Environment versions
Visual FoxPro:
VFP 9 SP2
OS:
Windows 10
Database:
MS SQL Server
Miscellaneous
Thread ID:
01662718
Message ID:
01662874
Views:
70
>>>I do not agree with Microsoft's EULA philosophy at all. But it is law.
>>
>>Huh? Last time I checked EULA was just an EULA. Contracts are not law, law might hold you to it or might give damages to other party.
>>If contract go against established law or are too unprincipled, they (or csuch clauses) are void.
>
>There are three types of law in most countries: Common, Equity, and Admiralty.
>
>Common Law is common stuff (don't kill people). Equity Law is fairness law (what is most fair). If you and your neighbor had a dispute over who pays to repair the fence when a property line tree fell on it, the judge would settle the case under equity.
>
>And then there's Admiralty Law, which is contract law or commerce law. When you shake hands with someone on a deal, you're under Admiralty Law, and you are under the force of law by that contract.
>
>There's no clause in the U.S. Constitution to require you to pay someone who painted your house, but if you have a contract you are under the force of law to do so.
>
>Governments have taken to codifying laws into code. Code is not law, but you agree to abide by the code when you sign documents which place you under that provision by contract law.
>
>In the U.S. the Supreme Court ruled early on that we have the unlimited right to enter into contracts. It is there, under contract, that we agree to things, and are under the force of law to abide by those terms we agreed to.

But those contracts are NOT unlimited: would a contract to sell your firstborn into slavery be deemed binding in current US courts, even if both parties agree to those terms ? Could the balancing payment be forced via courts of law to be collected for such a deal today?

Doubt it a lot
>
>>>I would also argue that for conscience' sake, everyone who clicks "I Accept" is self-bound by your own word and honor to obey what you agreed to.
>>
>>When clauses are against law, I can decide if I want to follow them or not. Springing EULAs after payment or including parts clearly going against current laws will at least lower any obligation I feel.
>
>You have a personal, ethical, and moral obligation to abide by the terms you agreed to. Truth, duty, honor, demand it, as does the law in most cases.
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